CHARLOTTE, N.C. (AP) — Prosecutors asked a judge on Monday to give a former North Carolina congressman no prison time for lying to the FBI about his role in a plan to try to bribe the state’s top insurance regulator ...

Tagged with: Probation

Defendant’s probation officer filed a series of probation violation reports alleging that defendant had tested positive for marijuana, was terminated from his drug treatment program, failed to report to his supervising officer, and defrauded a drug test. Where defendant admitted ...

Tagged with: Probation

As to the issue of whether the evidence in this case could support a determination that defendant violated G.S. § 15A-1343(b)(3a), we hold that the state failed to carry its burden of presenting sufficient evidence to support the trial court’s ...

Tagged with: Probation

Defendant violated his probation in three ways, only one of which was a proper basis for revocation. Although the trial court mistakenly checked a form box saying each violation was a sufficient basis for revocation, the court also (1) properly ...

Tagged with: Probation

Where a couple of probation officers, local cops, and a handful of U.S. Marshals randomly searched a probationer’s home as part of a gang task force operation, it failed to heed a 2009 statutory amendment requiring warrantless searches to be ...

Tagged with: Probation

That which a district court judge called “murky” is crystal clear now, thanks to a 4th U.S. Circuit Court of Appeals decision that establishes reasonable suspicion as the standard needed under the Fourth Amendment for arresting a probationer. Until the ...

Tagged with: Probation

Jones v. Chandrasuwan (Lawyers Weekly No. 001-079-16, 23 pp.) (Floyd, J.) No. 15-1110, April  28, 2016; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: Probation officers must have “reasonable suspicion” in order to arrest a person for a probation ...

Tagged with: Probation

When a retired Green Beret appeared before Cumberland County Superior Court Judge Luis Olivera on a probation violation, he knew he might be facing some trouble. Sgt. Joe Serna, 41, failed a urine test he was required to take after ...

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State v. Nicholas Johnson (Lawyers Weekly No. 011-082-16, 12 pp.) (John Tyson, J.) Appealed from Nash County Superior Court (Quentin Sumner, J.) N.C. App. Holding: Even though defendant’s then-girlfriend assured him she was handling things with his probation officer back ...

Tagged with: Probation

State v. Jakeco Johnson (Lawyers Weekly No. 011-081-16, 16 pp.) (John Tyson, J.) Appealed from Catawba County Superior Court (Hugh Lewis, J.) N.C. App. Holding: Defendant did not “abscond” when he failed to show up for a meeting with his ...

Tagged with: Probation